A law on blocking bank cards has come into force in Russia. The ban on withdrawing cash from a card may come into force soon. The law on withdrawing money from a bank account

A government commission on Monday approved amendments (the government will consider them before submitting them to the State Duma) prohibiting cash withdrawals from non-personalized means of payment. Now the law allows you to withdraw up to 5,000 rubles. per day and 40,000 rubles. per month from prepaid cards: they do not require opening a bank account and are issued instantly without identifying the client, and transactions on them are made on behalf of the organization that issued them.

A prepaid card can be linked to an e-wallet account. Such cards, only virtual ones, are also issued when a person withdraws cash from an ATM from his phone number (from the subscriber’s personal account).

If the amendments are adopted, it will be possible to withdraw cash from prepaid cards only after undergoing full identification, it follows from the bill (Vedomosti has read the text). To do this, you must present your ID once - electronic data exchange is not allowed.

Anonymous means of payment are widely used for illegal and criminal purposes, including for cashing out, explained a representative of the Ministry of Finance, which prepared the project. The changes are necessary due to the general trend towards a decrease in anonymous payments, says one of the developers. He sees the risk of using anonymous means of payment to finance criminal activities - “international experience confirms this.” He did not say whether there were such cases in Russia.

The highest risks are not in the “fan” cashing for money laundering, but in drug trafficking and terrorist financing, points out the head of the financial monitoring department of Loko-Bank Igor Dremin. From the point of view of money laundering, this channel is not interesting for criminals, he explains: the limits are too small, due to which you have to register many electronic wallets and involve many people, which is too expensive. But in the case of drug trafficking and terrorist financing, the amounts are smaller, so this channel may be attractive to criminals, he points out.

A representative of Russian Standard, a major issuer of prepaid cards, said only that cash cannot be withdrawn from its cards without undergoing full identification. Other players are against the amendments.

From an anonymous electronic account you can cash out no more than 5,000 rubles per day, said a Yandex.Money representative, and cashers are simply not interested in such small amounts. He refers to the company’s experience: such operations did not arouse increased interest among law enforcement officers, they do not threaten the economy and security. A Qiwi representative said the same thing: if such changes are adopted, they will affect the convenience of the service for users, but will not have a significant impact on the risks associated with illicit cash circulation.

The amendments may affect the service of mobile operators for withdrawing cash from subscribers’ personal accounts at ATMs. The websites of MTS and Beeline say that the commission for this is 6%, Tele2 – 3%, its representative indicates. From all operators you can withdraw up to 5,000 rubles in cash in this way. per day and 40,000 rubles. per month. The service is in demand by subscribers who do not have a bank card, explains an MTS representative, or in cases where a small amount is urgently needed, but there is no cash or card with them.

MTS carries out simplified identification of users of mobile commerce services on behalf of the bank, a representative of the operator indicates. If the amendments are adopted, simplified identification will most likely not be enough, says a lawyer for the specialized association: the bank must carry out full identification. A representative of MTS said that the company needs to clarify whether the bill will affect the cash withdrawal service; representatives of other Big Four players did not answer this question.

Telecom operators do not disclose the size of such transfers. It is insignificant - among all transactions for paying for services from the account mobile phone it occupies a small part, a Tele2 representative points out. According to two participants in the payment market, 300 million rubles are being withdrawn in cash from the accounts of one of the Big Four operators. per month. A representative of SMP Bank (MSP and Beeline subscribers can withdraw money through its ATMs) said that the turnover of cash withdrawals is minimal, and the average check does not exceed 300 rubles.

The channel is attractive to drug dealers, says a participant in the payment market: after selling the goods, dealers transfer money to suppliers to phone numbers registered to dummies. They can cash out money by withdrawing it from the subscriber’s personal account at an ATM.

Until 2014, the law did not allow cash withdrawals from non-personalized electronic wallets and prepaid cards, recalls Alma Obaeva, chairman of the board of NP NPS, co-author of the law on the national payment system. The logic then was that these payment instruments were necessary to carry out transactions on the Internet, mainly for those who did not have a bank account. “Now we are returning to the concept of these payment instruments, which was laid down initially. We support these changes,” she said. The National Payment Association is also in favor of adopting the amendments, said its executive director Maria Mikhailova.

Rosfinmonitoring participated in the development of this bill in accordance with the instructions of the government, explained a representative of the department. A representative of the Central Bank said that the text of the amendments had been agreed upon with the regulator. Representatives of the Ministry of Finance, Rosfinmonitoring and the Central Bank did not provide statistics on the turnover of cash withdrawals using non-personal means of payment; this data is not included in the published statistics of the Bank of Russia.

State Duma Committee Russian Federation is preparing a new bill that will prohibit withdrawing cash from bank cards. Or rather, those that are non-personalized and do not carry any information about their owner.

Against the backdrop of the new bill, Sberbank of Russia will also make changes, and holders of such cards will not be able to withdraw cash through the organization’s ATMs.

The move to ban cash withdrawals from cards will help develop the non-cash payment system in the Russian Federation, as stated by committee chairman and deputy Anatoly Aksakov. He noted that the changes will apply exclusively to non-personalized cards.

Today you can withdraw about 15 thousand rubles a day from cards that do not identify their owner, and this is exactly what the authorities are going to ban. Making such a decision may resolve the issue regarding fraudulent activities.

In connection with the adoption of this law, a number of companies will have to pay attention to the type of cards and their design. Many employees can go on a business trip with a company card. If it is incorrectly executed, they will not be able to pay with it or withdraw cash. This also applies to special cards that are designed for the purchase of accountable goods.

After the adoption of the bill, Russian residents who have non-personalized bank cards will not be able to withdraw cash through an ATM or other payment system. This will only be possible through a bank cash desk if you have a passport or other identification document.

Sberbank will prohibit withdrawing cash from bank cards

By the end of October 2018, a bill will be submitted to the lower house of parliament for consideration. The authors of the document believe that the adoption of a decision to ban cash withdrawals from bank cards that do not identify individuals will deal a serious blow to illegal laundering cash and withdrawal of money obtained by criminal means.

The law will only apply to unverified bank cards. These cards are often used by scammers. They illegally receive money on the card by transferring it to their account. It is extremely difficult for police officers to find such individuals.

More detailed information about the new bill will become known after it is submitted for consideration. Today, Sberbank, along with other banks, is preparing to implement the new law.

The rumor that the law on bank cards from July 1, 2018 will force every citizen to pay tax on “non-salary” income over 4,000 rubles and to report all deposits to the tax account has excited and confused most Russians. Few people bothered to find out what changes in the Tax Code caused the panic.

We’ll tell you what the true meaning of innovations in financial legislation is, whether a tax will be charged on transferring money from card to card, what the law on blocking bank cards is, which was actually adopted by the State Duma and will come into force in 2018.

Myths and reality of tax control of card transfers

First of all, we draw the attention of readers that no law on cards will come into force from July 1, 2018 due to its absence.

The legal information portal website has received numerous requests on this issue. Here are typical examples:

“Shed some light on the situation: is it true that the 2018 law on bank transfers to cards will oblige you to pay 13% tax on every receipt, regardless of the amount? And if you don’t do this, will you be fined another 20%?” asked Marina from Saratov.

“How will the law on bank cards operate from July 1? What document must be submitted to the tax office if I transfer half of each salary to my wife for the household? Or is this also an object of taxation?” asked Igor from Biysk.

A huge number of questions related to rumors forced the Federal Tax Service on June 20, 2018 to give an official clarification on this matter. Information is available on the website of the Federal Tax Service itself, in the reference and legal system “Garant”.

Law from July 1, 2018 - The tax office clarified when an audit is possible

The meaning of the authority's response boils down to the following.

1. The tax office has the right to request from a credit institution information about receipts to an individual’s account for a reason, but only as part of an audit. The grounds will be Art. 88, art. 93.1 Tax Code of the Russian Federation.
2. The obligation of banks to report this information to the Federal Tax Service is not new; it has existed since 2014. In 2016, it was specified in paragraphs. 1.1. Art. 86 of the Tax Code and obliged to transmit information about the opening and closing of accounts of private individuals.

Apparently, rumors about total control of card transfers were born in connection with the changes that occurred on June 1, 2018. Art. was clarified. 86: now banks, upon received requests, transmit to NI information about the availability of accounts, deposits, write-offs or lack of movement of money on accounts opened in precious metals.

The real situation with bank transfers since July 1, 2018

Indeed, the tax office has the right to request data on the status of citizens’ accounts, deposits and electronic wallets. That's why she's a tax official! But the fiscal authority may not receive this information at any time. To do this, two conditions must be met:

1. The data was required as part of a citizen check. Most often, such checks are initiated when a discrepancy is detected between a person’s expenses and his salary and declared income. Typical situation: a person applies for a deduction after purchasing real estate. The Federal Tax Service finds out where the funds for an expensive purchase come from if there is no official salary or other income. And for this, the service can request information from banks.
2. To submit a request to the bank, the inspector’s usual request is not enough. Either the head of the tax office for the subject or the leadership of the Federal Tax Service must authorize such a procedure.

At the end of the explanation, the Federal Tax Service indicated: “The information about the assessment of taxes and fines for all uncleared receipts on citizens’ cards does not correspond to reality.”

The conclusion is this: the new law on the “tax on bank cards” from July 1, 2018 is another canard, massively disseminated by social networks and unreliable Internet resources.

Account blocking due to suspicion of theft: what to expect?

Due to the hype generated by pension reform, the football championship and the fictional bank card law of 2018, another piece of news went unnoticed. On June 20, 2018, the Federation Council approved the law on blocking cards when signs of possible theft are detected. The State Duma adopted this project on June 5.

The bill numbered 296412-7 makes the corresponding adjustments:

• in 161-FZ “On the National Payment System”;
• in Federal Law No. 395-1 “On banks and banking activities”;
• in 86-FZ “On the Central Bank of the Russian Federation”.

It will come into force 3 months after signing by the President. The bill card is available in the electronic legislative support system. The package of documents and the text of the bill itself can be downloaded.

In this way, legislators decided to fight fraud, which has become widespread when committing banking operations online. The law is designed to protect citizens' funds from illegal withdrawals and payments.

Limitations and powers of banks

The bank has the right to block the transfer if it detects signs that the transfer is being carried out without the consent of the account owner. It is proposed to limit the blocking period to 2 business days.

The bank client is immediately notified of a potentially illegal debit from his account. He must either confirm or deny the transfer. If a ban is received, the bank is responsible for returning the money.

The Bank of Russia will have to compile a list of signs of theft. Based on his instructions, other banks will be able to supplement or detail this list.

For inter-organization transfers, banks will be given the authority to delay the crediting of funds to the recipient's account after they have been debited from the sender's account for up to 5 business days. But for this, the payer must receive a message about the debiting of money without permission.

In this regard, the question arises: whether delays in money transfers will become permanent due to the law on blocking bank cards. It is premature to talk about this before the signs of theft approved by the Central Bank are made public.

As you know, the day before a law came into force allowing Russian banks to block the cards of Russians if dubious transactions are suspected. Many have already expressed concerns that now they will have to constantly go to the bank to unblock the card and prove that you are you and the card is yours. On Friday, the Bank of Russia published an explanation in which it listed the signs of transactions that are suspicious for the bank.

As is clear from the publication, there are three such signs in total. The first is if the recipient of the transfer is included in the Central Bank database and is associated with cases of fraud and attempted theft.

The second sign is actually the same as the first, only here we are talking about the parameters of the device that is used to make the transfer. In other words, if a theft attempt has already been made using this device and this data is entered into the Central Bank database, the operation will be immediately blocked, and the card will be blocked accordingly.

The third sign is “a discrepancy between the nature, volume, and parameters of the transactions performed and the operations that the client usually carries out.” This sign is what scares cardholders. The fact is that banks are required to pay attention to the time and place of the operation for a given device. The user is feared. What if you go to your mobile bank not during the day, as usual, but at night, and the system considers this suspicious and blocks the card. A transaction may also be considered potentially unauthorized if the amount and frequency of the transaction are not consistent with the customer's normal activities.

However, the Bank of Russia says that these signs have already been used by banks and before that, and credit institutions have accumulated sufficient experience in order not to create inconvenience to clients. But, for example, a MKRU correspondent encountered such a problem when, out of necessity, he transferred money from a relative’s card to his own card via Internet banking in order to withdraw it from an ATM and give it to her. The relative's card was blocked.

What is Law No. 115-FZ?

This is Federal Law No. 115-FZ of August 7, 2001 “On combating the legalization (laundering) of proceeds from crime and the financing of terrorism.” It defines the duties and responsibilities of organizations that work with citizens’ money and property: banks, insurance companies, microfinance organizations, etc.

The purpose of the law is to prevent the laundering of illegal income and the financing of terrorism.

Why do banks block cards citing 115-FZ?

According to Law 115-FZ, all banks are required to analyze the monetary transactions of their clients and check them for suspicion. This is done according to the criteria of the Central Bank, which are prescribed in Regulation No. 375-P of March 2, 2012. They track any transactions similar to the illegal transfer of non-cash money into cash (“cashout”), obfuscation of payment schemes and concealment of the true goals and participants in transactions (“transit”), and illegal withdrawal of money abroad.

If the bank discovers transactions that raise doubts about the legality, it has the right:

• temporarily block the client’s bank cards;
• disable access to Internet banking (web version and Sberbank Online application);
• refuse to issue cash to a client or transfer money by bank transfer;
• refuse the client to open an account, issue or re-issue a card.

Banks are also required by law to block the accounts of clients involved in extremist activities or terrorism. The Federal Financial Monitoring Service includes such people and such organizations in a special list. Not a single Russian bank has the right to work with the accounts of those who are currently in it.

Why do banks request documents about the origin of money and the economic meaning of transactions?

This is necessary to decide whether to recognize the client as actually involved in dubious financial transactions. If you provide documents showing that your income is legal and your expenses are explainable, access to your accounts and cards will be restored. The bank approaches each case individually and is interested in applying measures such as blocking or denial of service only if suspicions are justified.

What are the consequences for a client of being denied banking services under Law 115-FZ?

If the bank refuses service, then:

• the client will not be able to open new accounts and deposits, receive new bank cards, including reissued ones;
• existing client cards will remain blocked;
• the client will not be able to use Sberbank Online;
• the client will be able to carry out all account transactions only at the bank’s office;
• the client will be able to carry out transactions for large amounts only with the agreement of the bank;
• Problems may arise when opening accounts and cards in other banks.

If the bank refuses service 2 times or more during a calendar year, the account is closed.

How to avoid falling under suspicion or prove that transactions are legal?

It is enough to follow simple rules when using your accounts.

1. Do not agree to requests from acquaintances, relatives, friends, etc. transfer money through your accounts and cards that you have nothing to do with, especially if we are talking about large sums. Moreover, do not agree to withdraw this money in cash.
2. Do not give your bank cards to anyone, even close relatives - cards can be used for “cash out” and “transit”.
3. Withdraw cash from your accounts, deposits and cards only when it is really necessary, especially if the money is credited to accounts, deposits and cards non-cash. Try to use non-cash payment methods.
4. Do not use your bank cards for illegal business activities - register as an individual entrepreneur and get a Business card.
5. Do not agree to requests from acquaintances, relatives, friends, etc. register you as a director of an organization or as an individual entrepreneur if you do not intend to actually participate in the business.
6. If you are a sole trader and have bank cards that you received as an individual, do not use them to accept customer payments or pay suppliers and contractors. Apply for a Business Card for these purposes;
7. Make sure that transactions on your accounts can be documented. Keep all papers in order (contracts, invoices, invoices, payments, etc.).
8. Cooperate with the bank: if you do not answer its questions about the legality of certain transactions, the conclusions may not be in your favor.
9. If the bank asks you to confirm the legality of the origin of the money in your accounts and the economic meaning of the transactions being carried out, be sure to send the information of interest to the bank within the time period specified in the request and to the address specified. The more detailed you explain everything, and the faster the data arrives at the bank, the higher the likelihood that the issue will be resolved favorably for you.

How does a bank inform a client about doubts about the legality of monetary transactions?

If the bank has questions, it notifies the client about this by any available means: usually by phone via SMS, less often by email. In such messages, the bank may:

• write about blocking cards and disabling Sberbank Online in accordance with the requirements of Law 115-FZ;
• request information and documents confirming the legality of the origin of funds in the accounts and the economic meaning of the transactions;
• notify that the documents have been accepted for work, indicate the deadline for their consideration, and, if necessary, write about a possible extension of the deadline;
• inform about what decision has been made - when (and whether) accounts and cards will be unblocked and whether access to Sberbank Online will be restored.

In some cases, the bank sends a request to its office at the place of opening the account, deposit or card issuance. In it, the bank requests information and documents confirming that the money in the client’s accounts is of legal origin, and the transactions being carried out make economic sense.

How to transfer the requested information and documents to the bank?

When a bank requests from a client information and documents about the legality of the origin of money and the economic meaning of the transactions being carried out, it must inform them how to transfer them. You need to send documents to the bank exactly in the same way and at the address specified in the request. Usually the bank offers to send scanned copies of documents by email. The client may also be asked to bring documents to the bank office at the place where the account was opened or the card was issued, or to send copies by paper mail.

If you send documents by email, be sure to include your full name in the subject line. It is better to send files in PDF format. The total size of the letter should not exceed 12 MB. If you need to send more, break it up into several emails.

If you decide to send documents by paper mail, remember that such a letter may be late. Then the bank will not receive it on time, and this may influence its decision. If possible, send documents by email or, if indicated in the request, bring them to the bank office.

If you cannot provide on time necessary documents or you don’t have them, inform the bank as soon as possible using the method specified in the request why this situation has arisen. The more detailed and quickly you explain everything, the better. This may be the determining factor when the bank makes a decision.

What supporting documents need to be provided to the bank?

These can be any documents that confirm the legality of the origin of funds in your accounts and the economic meaning of the transactions being carried out. There is no complete list, since the reasons can be very different.

For example, these could be sales and purchase agreements, contract agreements, loan agreements, premises rental agreements, property rental agreements, invoices for goods and services, payment receipts, accrual sheets wages, promissory notes, statements of accounts in other banks, certificates from the tax office, etc.

What to do if the bank refuses service (does not open an account, does not issue a card, including a reissued one)?

If the bank requested documents and information from you, referring to 115-FZ, but you did not send anything, just do it in the way specified in the request and wait for the decision.

If you sent all the documents, but the bank made a negative decision, nothing can be done. After some time, you can try to open an account or card again - the bank may reconsider your question after a certain period.

The bank has imposed restrictions on my accounts based on information received from Rosfinmonitoring. What does it mean? Can I get my money?

This means that the bank has received information from the Federal Service for Financial Monitoring (Rosfinmonitoring) about your possible involvement in extremist activities or terrorism. According to Law 115-FZ, the bank is obliged to limit transactions on your accounts. You have the right to manage funds in accounts in the form and in the amounts provided for in clause 2.4 of Art. 6, clause 4, article 7.4 of law 115-FZ. You will not be able to use bank cards or Sberbank Online; transactions will be possible at the bank office.

What kind of organization is Rosfinmonitoring?

The Federal Service for Financial Monitoring is an executive body whose task is to combat the legalization (laundering) of proceeds from crime and the financing of terrorism. Rosfinmonitoring maintains a list of organizations and individuals involved in extremist activities or terrorism. The grounds for inclusion in the list are listed in clause 2.1 of Art. 6 of Law 115-FZ. You can view it on the official website of Rosfinmonitoring. If you believe that you are included in the list by mistake, or there are grounds for excluding you from the list, in accordance with clause 2.3 of Art. 6 of Law 115-FZ, you have the right to contact Rosfinmonitoring with a written application to exclude you from the list.

In addition, the interdepartmental coordinating body that combats the financing of terrorism may decide to freeze (block) funds or other property of an organization or individual in accordance with Art. 7.4 of Law 115-FZ.

What to do if you still have questions?

Contact the bank for advice in any way convenient for you:

• to an employee at any bank office;
• by phone to the contact center;
• send a message through the screen form on the bank’s website or through Sberbank Online.